Back
N. UNNI KRISHNAN NAIR
Nilakshya Kumar Adhikary, S/o. Late Narayan Chandra Adhikary – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Irrigation Department – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned Standing Counsel for the Irrigation Department representing the respondents no. 1, 2 & 3. None has appeared for the respondent no. 4. Mr. B. Sharma, learned Standing Counsel has appeared for the Accountant General (A&E), Assam representing the respondent no. 7.
2. The petitioner by way of instituting the present proceeding has sought for a direction upon the respondent authorities to promote him to the post of Additional Chief Engineer (Mechanical) w.e.f., 01.01.2022 i.e., the date on which he had become eligible for such promotion with all consequential benefits.
3. The petitioner, herein, on being selected by the Assam Public Service Commission came to be appointed as an Assistant Engineer (Mechanical) under Goalpara Mechanical Division, Irrigation Department. The petitioner, in terms of the said order of appointment joined his services on 14.10.1986. The petitioner was thereafter, promoted in the year 2007 to the post of Assistant Executive Engineer (Mechanical). The petitioner on being found to be so eligible came to be promoted to the post of Executive Eng
Promotions under the Assam Engineering (Irrigation Department) Service Rules take effect from the date granted, not from the date of vacancy, and no retrospective promotion is allowed post-retirement....
Functioning of Government in a State is Governed by Article 166 of Constitution, which lays down that there shall be a Council of ministers with Chief Minister at head, to aid and advise Governor in ....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
Promotion eligibility must align with established seniority rules; arbitrary criteria violate judicial mandates requiring reasoned decisions in service matters.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
